Seller won't respond - ship and relisted item

[cranshinibon]

So I ordered a bunch of cards off of a seller for a good deal, but there was a price spike shortly after purchasing and the seller had not shipped the order for 48 hours, which is fine because we all have lives. I looked at their negative feedback and all of them were mentions of the same situation I am dealing with: i.e. not honoring the sale and relisting at a higher price. I messaged the seller asking when the items would be shipped and they never replied. 

So I decided to do a test, and purchase the same amount of items at the higher relisted price, and low and behold - the seller immediately marked the order as shipped, but had not replied or marked the original order. 

What can be done in this situation if I receive the higher-priced lot of cards (they're all the same condition and set) and the seller never ships the original order?

[lady_madonna]

@cranshinibon 

If you do not receive the original order, do the following:

WHEN the latest estimated date of delivery has already passed by at least 1 day, you have up to 30 days past estimated date of delivery to file a Refund Request:

Go to your My Ebay page >> Purchase history

•     Select “More actions” beside your item and then “I didn't receive it.”
•     Click the box beside I want a refund.
•     Select Send request.

If the seller does not respond after 3 days, you can ask Ebay to step in to help you.

•     Find the item in your Purchase History
•     Select See request details
•     Select “Ask eBay to step in.”

[cranshinibon]

My question was moreso on exposing the seller who clearly violated ebays terms of sale and user agreement policies, wherein they intentionally avoid completing a sale that was paid in full, promptly, to relist and scam a buyer out of their purchase. This is clearly what is occurring, and if the seller does not ship the original order, I plan on returning the lot and reporting them. But what I'm curious on, does ebay step in at all in the process and require the seller to complete the sale originally, especially when items are the same? 

[lady_madonna]

@cranshinibon 

You need to file the Refund Request on the original purchase. Ebay makes sure that their buyers are financially compensated when the buyer does not receive an item they purchased. They cannot strong arm the seller and  force them to ship the item. If Ebay has to refund you after you file the Refund Request, the seller will receive consequences, such as defects on the seller's Ebay account.

If you purchased the higher priced item as a "test" without any intentions of keeping it, that could possibly be construed as malicious buying, which is a violation on Ebay if the seller reports it.

Also you would not have a valid reason for a Return Request if you are going to return the higher priced item just to "punish" the seller.

[cranshinibon]

It definitely wasn’t done as malicious, i tested this out with full intention of paying for and keeping the product unless they decided to cancel the sale on my first order. if they do in fact cancel the previous order because of the spike, I am going to choose to return them and request a refund as i do not wish to do business with them at all going forward as I will be unsatisfied with my purchasing experience. 

[lady_madonna]

@cranshinibon 

If you file the refund request as soon as the latest date of delivery has passed the seller will not be able to cancel the original order. Even if they do cancel the original order you will not have a valid reason to file a return request on the higher priced item.

EBay's money back guarantee only covers instances of item not received or not as described. It is not a satisfaction guarantee.

[albertabrightalberta]

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@cranshinibon wrote:

 But what I'm curious on, does ebay step in at all in the process and require the seller to complete the sale originally, especially when items are the same? 

---

No, ebay can't force the seller to complete a transaction, but if you paid for the item, filed INR on that item and the seller receives a defect, enough of those defects will result in the seller's loss of listing privileges. 

You are also allowed to leave honest and unemotional feedback. Don't say anything about which the seller can report and get the feedback removed. 

There's also a "report seller" button. When you report, show the original (lower priced) item you won and didn't receive as well as the more expensive relisted one that the seller did honor.

[pvnyc]

Same thing happened to me. Seller claims they are filing a lost package claim, when in fact eBay shows the item was never shipped. They are refunding me, but that is besides the point. 

Where is the "report seller" button? 

[pvnyc]

What if buyers behaved the same way? "Yeah, I changed my mind, I found the same item cheaper elsewhere, so refund the money."

[mudshark61369]

@cranshinibon,

If you do as @lady_madonna  wrote in her first reply, you will get a refund for the undelivered cards, and if you have to ask ebay to step in to get the refund that will cause the seller more problems.

To report what the seller actually did use the link below.

https://www.ebay.com/help/buying/resolving-issues-sellers/report-issue-seller?id=4022

On the first page use the blue Report seller button.

Use for the reason, "They do not intend to complete the sale"  just above the Report button

Next page select seller has violated an ebay policy > Continue

Next Pg. enter the seller's username, select Other,

In the text box write.

I purchased the cards on date, and they were never shipped. On (date) they relisted the cards for a higher price, but never sent a refund or shipped the items.  

What ever you do, do not mention that you bought the cards again, that could be seen as malicious buying. If you do leave feedback, make sure it is for the purchase you did nor receive, and do not mention filing a dispute or case in any way.